USA v. Steven McGrew, Sr., No. 14-10142 (5th Cir. 2016)

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Case: 14-10142 Document: 00513439683 Page: 1 Date Filed: 03/25/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10142 c/w No. 14-10150 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 25, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. STEVEN MCGREW, SR., also known as Big Steve, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:12-CR-175-19 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Steven McGrew, Sr., has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). McGrew has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of McGrew’s claims of ineffective assistance of Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 14-10142 Document: 00513439683 Page: 2 Date Filed: 03/25/2016 No. 14-10142 c/w No. 14-10150 counsel; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as McGrew’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. McGrew’s motion to proceed pro se on appeal is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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